>> reporter: the former b.a.r.t. police officer who shot and killed passenger oscar grant is a free man. i'm christie smith, coming up reaction from oscar grant's family in a live report. >> reporter: prop 8 t ban on same-sex marriage in california back in a san francisco courtroom. at issue the sexual orientation of one of the judges. that story coming up. >> live look outside, golden gate bridge. sun going to warm things up on

this monday, june 13th, "today in the bay." >> good monday morning to you. thanks for joining us. 6:00 right now. i'm laura garcia-cannon. hope you had a great weekend. now time to start our work week. get the air conditioning ready. just a little bit. not bad. >> you know, check your filter too. it's been a while since you had to use it. you want to make sure it's running efficiently. you are probably going to have to use it overnight in the inland locations as we head through tuesday and wednesday. our temperatures are climbing towards the 90s. today not too bad. low 80s inland, low 70s at the coast. i'll break down your forecast. it's a new week. we've got a lot of changes in our weather pattern. let's check with monique, anything changing on the roads? >> as a matter of fact it is, christina. you must be psychic. we have good news on the bay bridge. we had a stall eastbound at anchorage. against the commute, just cleared there. seeing a little bit of slowing but chp worked to clear it so that is good news. out live to the bay bridge and the approach to the tolls.

metering lights aren't on. it's a smooth ride across the span into san francisco. we'll have a full look at the morning commute coming up. >> thank you very much. it's 6:01 now. this morning former b.a.r.t. police officer who shot and killed unarmed passenger oscar grant is a free man. johannas mehserle was released from jail at 12:01 this morning. family and friends of the man he shot are disappointed and frustrated. christie smith is live at the oakland fruitvale b.a.r.t. station where another protest is expected over his release. >> reporter: good morning to you. johannas mehserle was originally sentenced to two years in prison but ended up serving just over 11 months in part because of credit for time served. this morning he is a free man in the shooting that is still very much on the minds of many people here in oakland where at the fruitvale b.a.r.t. station the signs are up. no justice no peace. the l.a. county men's jail sent out an automated notification of

the release at 12:01 a.m. the former b.a.r.t. police officer was jailed immediately after a los angeles jury found him guilty of involuntary manslaughter. he said he accidently grabbed his gun and not his taser when he shot grant and was face down and unarmed on the platform new year's day 2009. protesters gathered in oakland in anticipation of the release, business owners boarded up windows. but it was mostly peaceful. grant's uncle is in l.a. and feels the system failed. >> you know, this is a travesty to our criminal justice system, it's a travesty to men of color in our communities and a travesty to us as a family to have to suffer this injustice that we did in this issue concerning him shooting my nephew. >> reporter: where johannas mehserle is now and what his plans are, his attorney has not said much about that. this is far from over as far as

the courts are concerned. with a federal civil suit and appeal of mehserle's conviction still active. back here live, i wanted to show you the shooting happened up there on the b.a.r.t. platform on the side closest to us. in the past after the verdict, the b.a.r.t. station here was boarded up and access was limited. but this morning you can see it's pretty much business as usual, at least for now. reporting live, christie smith, "today in the bay." >> thank you very much. it is 6:04. we'll learn more about a class action suit filed against the oakland police department. the lawyers guild filed that suit on behalf of 150 demonstrators arrested after the sentencing of mehserle. the former b.a.r.t. officer who killed oscar grant. demonstrations -- demonstrators rather say on november 4 they were arrested without a warning to disperse. they spent the night in jail but

were never charged. some protesters told the bay area news group they were held on a bus for six hours without ever being allowed to go to the restroom. >> we have more on mehserle's release at 6:15. a live report from los angeles. and you can get updates any time at nbcbayarea.com. >> this morning the battle over proposition 8 continues, this time at a san francisco district court house. at issue the sexual orientation of the judge who overturned the measure defining marriage. bob redell is live in san francisco with more. >> reporter: good morning to you. was the judge who presided over the same-sex marriage case able to be impartial even though he himself is gay? that is the issue that will be in front of the ninth circuit court later this morning here in san francisco. you might recall last august judge vaughn walker overturned prop 8 ruling that the ban is

unconstitutional and violates the civil rights of gay men and women in california. today supporters of prop 8 will ask the court to nullify that ruling. they argue that walker should have recused himself or announced that he was gay prior to the case. they believe it's a conflict of interest, not because he's gay they say, rather because he could personally benefit from his decision to overturn the ban on same-sex marriage. after walker retired from the bench earlier this year he did announce that he had been in a relationship with another man, not a huge surprise given there had been rumors of his sexual orientation all along. walker has said he doesn't believe his homosexuality was relevant in this case and he's not said whether he intends to marry another man. he's got the backing of some legal experts who agree with his assessment. noting that women and minority judges haven't had to recuse themselves when presiding over cases dealing with issues like civil rights or immigration.

the legal fight over prop 8 is not over. there is a separate appeal over walker's decision that is going on right now. the circuit court has, in the meantime, stayed his decision during this appeal which means that the ban on same-sex marriage is still in effect in california. reporting live here in san francisco, bob redell, "today in the bay." >> thank you very much. it's 6:07 now. pg&e is continuing its testing of natural gas pipelines in the east bay today. crews are expected to start venting in hayward near west winton avenue. pg&e says service in the area will not be disrupted though there might be a slight smell of gas. the hayward pipe line is part of 150 miles of pipe similar to the one in san bruno that the utility is testing. >> this morning anger over the apparent suicide of a man continues to be the talk of the

town of alameda. people gathered at crown memorial beach yesterday where a 52-year-old raymond zach committed suicide by walking into the water and drowning. the story made headlines after reports that firefighters and police officers witnessed the suicide and did nothing to help him. zach was reportedly mentally ill and stood out in the water for more than an hour while emergency crews watched and waited for rescue boats and a helicopter. community members staged a wait-in to show how easily zach might have been saved. >> it's not as cold as a lot of people have reported. and we showed that about 150 yards out the water was only about 5 1/2 feet deep. so, we think raymond's act could have been saved about which somebody walking in the water. nobody needed to swim, nobody needed a boat. >> fire leaders say police policy prevented them from going in the water because certification period had lapsed.

they are now reimplementing that water rescue program. >> 6:08. temperatures rising permits for open burning have been suspended in parts of the bay area. calfire will declare the start of the fire season today. it will halt issuing permits for open burning in areas it normally operates. this includes santa clara, contra costa and alameda counties and parts of stanislaus and san joaquin counties. 12 fire engines will be staffed to meet changing weather and fire conditions. >> later this morning the san francisco board of supervisors will debate transferring the care of 24,000 street trees to private property owners. the department says it's unable to properly maintain the trees and wants the board to pass the measure. the move would save the city $600,000 next fiscal year. private property owners are charged with caring for 65,000 trees on the sidewalks. the city takes care of 31,000 others including those planted on medians. san jose runs a similar measure and makes property owners responsible for those trees.

got to make sure that the sprinklers are working i suppose this week. we've had a nice break so far this spring but temperatures warming up. >> yes, this is the time of year you want to water your grass early, too, so the grass doesn't evaporate under the sunshine. we expect a lot of it this week. 90-degree weather, the warmest temps all year so far. starting to feel like summer. the first official day the 21st of this month. high pressure warming us up into about the low 80s inland. going to the low 70s in san francisco today. about 70 degrees the forecast high, 73 for you in oakland. as high pressure keeps us nice and warm, it's going to keep a lot of the cloud cover out of the area as well and the storm track well to the north. as we head throughout the next 48 hours it continues to drift over the bay area. and that will continue to warm us up. it looks like wednesday will be the warmest day this week. if you want to make outdoor plans wednesday make sure you plan on staying hydrated. this is that time of year you've got to keep the sun screen handy as well. our web master jason went to the

giants game, didn't use the sun screen. you can see it in his face this morning. four miles of visibility in napa. not too bad. 53 in livermore. 55 degrees in san jose. we're headed to the low 80s so today not too hot but as you break for lunch you're peeling off a layer action 72 at noon in san jose. 79 in santa rosa. we'll round out high pressure really warming us up in the 80s today. i have a seven-day outlook you want to pay attention to coming up in moments. i want to point out one more thing. big golf tournament at the cinnabar hills golf club. it will be warm. i want to point out golfers, make those tee times early. it's heating up. you got to do it early. let's see how we're doing on the roadways. >> we're doing well early. thank you so much. i wanted to start off on highway 4.

normally we start to see slowing on our sensors. but we are seeing top speeds antioch to pittsburg. not such great news is that the commute through livermore starting to pick up getting heavy for sure. westbound highway 4 from -- excuse me, westbound 580 from the altamont pass to 680 about 18 minutes. as we head out live to the san mateo bridge, starting to pick up a little bit but still relatively easy commute across the span of the bridge. 13-minute ride from hayward to foster city. that's a check of traffic. we'll toss it to you. >> 6:12 now. still to come on "today in the bay" several bay area restaurants close their clors while people are still eating. there are conflicting reports about evidence in the beating of bryan stowe. w.'ll show you what's happening and a live report on johannas

mehserle's release from los angeles is coming up next. . go! go! completing an atm deposit in record time... that's a step forward.

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welcome back everyone. live look outside. this time from the south bay on this monday morning. rising temperatures finally going to feel like spring. a touch of summer. we're going to check the forecast coming up. johannas mehserle is out of the l.a. county jail. he was checked out at about 12:01 this morning. john cadiz klemack is live outside the u.s. attorney's office in downtown l.a., a rally is expected to start later there this morning. good morning, john. >> reporter: good morning to you. a rally and a march, too. they are going to start about a block away and end up here at the federal building. what they hope is get the feds to listen up. they want federal charges

against mehserle in this. of course, you know how this happened. new year's day 2009 in oakland, mehserle being the former now b.a.r.t. officer who claims that he meant to grab his taser when in fact he grabbed his handgun, his side arm, fired that fatal shot that killed oscar grant. early this morning we heard from oscar grant's uncle who spoke to us, saying that he and the family feel cheated. >> there's much rage in our community concerning the injustice that we've experienced as a people in the community. by all means we don't speak evil of all police officers. but those bad police officers not held accountable for wrongs that they perpetrate in our community, the rest of the officers are looked at in the same way. >> reporter: now this morning there is hope still that this is not a done deal. mehserle of course only spent or excuse me 11 months in jail.

it was downgraded from a two-year sentence on friday, the judge had made the declaratiode they were allowing him to be released early. that happened early this morning at 12:01 is when we received official word. word coming to the family via an automated phone message. they were hoping they would be able to speak at a hearingmehse. >> john, no word of where he is. >> reporter: not yet. nobody knows. >> thank you very much for the update. >> another update this morning reports that l.a. police had a jersey in evidence with bryan stowe's blood on it could actually be false. on friday there was a report that police had that evidence. but yesterday, another police source told the "l.a. times" there is a jersey but it does not have blood on it. those sources said while a jersey had been turned in to police, testing showed neither

stow's nor the suspect's dna on it. the prosecutors have not charged ramirez and his lawyers insist he is a victim of mistaken identity. stowe remains in a coma at san francisco general hospital. >> this morning workers for a family restaurant chain are without a job after it abruptly closed some locations. marie callender's shut down on sunday afternoon. it happened so quickly customers weren't given time to finish eating or pay for their meals. reports say the restaurant headquarters sent notices to 13 locations around the state to close down immediately. even the locations were taken off of their website. there are now signs on the doors announcing the closures. >> 6:18 now. i want to check the forecast with christina loren. a little warm-up this week but not that bad. >> not too bad. look at this gorgeous picture. that marine layer, what we did have is fading which is great news. the sunshine, it's on its way.

full sunshine today. it's going to be gorgeous out there. we're going to be a little toasty as we head through the next couple of days. if you wanted to get outside, tomorrow and wednesday, try to make your plans early. early risers you're waking up with us now, you get the best time of the morning, the best weather of the summer as you know. as you can see here, we're looking really good. nice and clear, we have this moisture. you see the doppler is picking up a little bit of the green. this is verga. it's evaporating. we had enough of the marine push for dense fog and we're seeing that moisture around. watch out for that up in napa. nice and clear, you saw alcatraz. we're clearing out as high pressure moves in and really warms us up. tomorrow we're going to tack on probably 7 degrees to where we expect to end up today. we expect the low 80s inland today. here's what we're looking at. still looking good, i don't think the marine layer is going to make it to livermore. i think that we'll stay nice and clear out there.

it's shallow and high pressure is getting rid of it quickly. 53 in san mateo, 54 in sunnyvale. as we break for lunch today, in the city, 63, mild degrees, beautiful. maybe a thin vail of clouds but 4:00, clear, 70 degrees, warm with a light breeze. nothing heavy. a really nice day. as we head through the remainder of the week, temperatures drop off toward the end of the week. we have to get through three warm days, the min heat wave wednesday, yes, i hated using it but i had to put that 90-degree temperature back on the map. reluctant. but it looks very, very likely. even morgan hill, possibly mine 5 degrees as we head into wednesday. >> getting pretty warm. thank you. 6:20 now. coming up, find out why you should keep an eye on the bay today. >> we'll take a look at an upcoming tech ipo i'll have in tech today. >> here is a look atveri d

westbound 24 moving nicely. we're getting reports of a new accident in oakland. 1sf

>> welcome back everyone. good monday morning to you. hope you had a great weekend. taking a live look outside from the south bay this morning overlooking san jose. >> monique is in for mike this morning.

she's keeping us updated on the commute. >> we have a new accident to tell you about. here is a look at the south bay. traffic is flowing relatively nicely. up to the silicon valley commute for you. traffic at top speed. i'm getting tongue tied because of that accident. 63 miles per hour. 101 about 66 miles per hour. here is a new accident, barely made the map for that westbound 580 at 98th street. in oakland looks like reports of that blocking the number 4 lane. we're going to keep an eye on that. let's head out live to oakland. northbound 880, traffic is starting to pick up there. southbound lanes getting heavy as well. that's a full look at traffic. we'll have more coming up in a few minutes. >> thank you very much. 6:24. what is the most that you've ever spent for lunch? we're willing to bet that one person certainly has you beat. us all beat. an anonymous bidder agreed to

pay more than $2.6 million for lunch with warren buffett. he has helped to raise $9 million the past 12 years through the lunch auctions for charity. the proceed goes to the glide foundation here in san francisco. the charity provides services to the poor and homeless so. a great, great cause. a very expensive lunch. >> sailing fans can catch an early look at the defending american's cup champion as it practices on san francisco bay today. it will be the first action for larry's racing team since winning the top prize last year. the team will sail 45-foot catamaran boats, then switch to the 72-foot version when it defends its title. the 34th america's cup will be in san francisco in 2013. bob redell will be riding along side today. we'll show you his ride tomorrow morning. see if he dresses like the skipper. i want to check in with scott mcgrew. california needs $10 billion to

close a budget gap. a few days left to do it. the governor taking to youtube to try to get attention. >> that's right. the governor, laura, tweeting and youtubing as we count down to june 15th deadline for the budget. he wants to extend some taxes and make huge cuts to state programs, he wants you to get the chance to vote on that. >> i'm not asking the legislature to make all of these decisions. i'm asking for a vote of the people. >> governor brown releasing this short video overnight. he points out he needs just a few republican yes votes to send the ballot question to all californians. the governor's proven to be a savvy internet user, able to use this kind of message, on youtube and hoping those who agree will tweet and but it on fair facebook profiles. pandora will offer stock to the public. the ipo, people have been

enthusiastic lately, pandora will trade on the new york stock exchange under the symbol "p" the question that reporters and analysts have can this scale. can pandora as it gets bigger make the kind of money it needs to. i listen to pandora all the time. i route it through my cell phone and then through the blue tooth to the car theriot. y the car stereo. >> roaming charges. >> now my cell phone is listening. >> what do you think the ipo will start at? >> they upped the price so we'll see. it's not something that i would like to predict. pandora certainly expects it to jump. >> and you know, it's interesting to see these ipos. very good. thank you. 6:27. we'll have to see what's on your play list. coming up the latest round in the fight over prop 8. how thishis man is involved.

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>> reporter: after serving just 11 months in jail, former b.a.r.t. police officer johanass mehserle is a free man. i'm christie smith. coming up we'll have reaction from oscar grant's family. >> reporter: the sexual orientation of one of the judges is the front and center attention, the focus of the courtroom battle over same-sex marriage. i'm bob redell. the latest coming up. >> live look outside, look at that. sun coming up over the bay, going to make way for a nice day. hope you enjoyed your weekend. it's monday, june 13th. "today in the bay." >> good morning. thanks for joining us.

6:30. i'm laura garcia-cannon. let's get a look at that forecast with christina. >> laura, just a matter of days we're transitioning from spring-like weather to summer-like weather. downright hot in some cities as we head through tuesday and wednesday. 90s back on the map. i'll break down your full forecast and we've got father's day this weekend. i'll let you know what we can expect. 6:31. monique is busy this morning. >> i'm busy. the streets are busy, that's for sure. commute through westbound 580 is starting to pick up. make matters worse reports of a new accident westbound 580 right there at 680, not clear if it's blocking lanes. chp is on the way. in oakland, first westbound 580 at 98, accident blocking the number 4 lane. and still dealing with this problem southbound 880 in oakland there at high street, the on ramp is still closed due to a spill so they are working hard to clean that up. that is the first look at

traffic for you. the top of this half hour. >> thank you very much. 6:31 now. we have an update on overnight release of former b.a.r.t. police officer who shot and killed unarmed passenger oscar grant. johannas mehserle walked out of jail at 12:01 this morning. family and friends of the man he shot are disappointed and frustrated. christie smith is live in oakland at the fruitvale b.a.r.t. station where another protest is expected over that release. good morning. >> reporter: good morning. the former b.a.r.t. police officer ended up serving just over 11 months in jail. he ended up getting credit for time served. in oakland at the fruitvale b.a.r.t. station where this started, a sign still hangs this morning, no justice, no peace, as protesters are expected to voice their frustration over mehserle's release. mehserle was jailed immediately after an l.a. jury found him guilty of involuntary manslaughter last july. he says that he actually meant

to fire his taser and not his handgun in shooting passenger grant who was unarmed and face down on the platform. police had been responding to reports of a fight. in anticipation of this, hundreds of protesters rallied this weekend in oakland. they were loud and boisterous but mostly very peaceful though business owners boarded up just in case. they feared a repeat of violence and looting they had seen in the past. grant's uncle bass in l.a. and expressed frustration with the release, the timing and notification and the entire justice system. >> here we are expecting a hearing on june 13th at 8:30 and yet again we've been jerked around, not just by the judge himself but the california department of correction, as well as the criminal justice system. this officer was not held accountable for what he did. >> reporter: exactly where mehserle is right now or what his plans are where he's going to live his attorney has not

said. but the implications of the shooting are certainly not over. federal civil suit and appeal of mehserle's conviction are still active in the court. and back here live i wanted to mention that with the verdict and the sentencing, we saw quite a bit of activity at the fruitvale b.a.r.t. station t windows boarded up. at one time they wouldn't allow buses through but we're not seeing that and no protesters at this point, still business as usual. live in oakland, christie smith, "today in the bay." >> interesting to see if they turn out again. thank you, christie. stay with nbc bay area for developing news following this release. jodi hernandez is in los angeles, she is going to have live reports later today. you can get updates on nbcbayarea.com. >> the man accused of shooting and killing two people at a souvenir shop will be in court. hong wu will attend a competency

hearing. his attorney says wu cannot effectively assist in his defense a. doctor will be assigned to the case today. wu own as shop on fisherman's wharf. he is accused of walking into a competing shop on january 31 and gunning down two people who work there. >> also in court, six people accused of killing a german tourist in august last year. the 50-year-old was shot when she was apparently caught in the cross-fire of a gang-related shootout. it happened in the theater district. two others were injured in the shooting. all six suspects will be arraigned today. >> this morning a district judge will tackle the issue of proposition 8. at issue the sexual orientation of the judge who overturned the measure. bob redell is live with an update. >> reporter: good morning. yes, that will be the issue facing the ninth circuit court later this morning in san francisco. was the judge who presided over

the same-sex marriage case able to be impartial as judge even though he himself is gay. you might recall, laura, last august judge vaughn walker overturned prop 8 ruling that this voter approved ban on same-sex marriage in california is unconstitutional and violates the civil rights of gay men and women. supporters of prop 8 will ask the court to nullify the ruling arguing that walker should have recused himself or announced he was gay prior to the case. they believe it's a conflict, not because he's gay, rather, because he could personally benefit from his decision to overturn the ban on same-sex marriage. >> the proponents of proposition 8 resoundingly lost this case at trial. so now this is a desperate maneuver instead to put judge walker on trial as a distraction from the fact that discrimination is unconstitutional. there is a strong consensus of

court watchers who agree this is a desperate maneuver bound to fail. >> some legal experts point out that women and minority judges haven't had to recuse themselves when presiding over issues like civil rights or immigration. after walker retired from the bench earlier this year he did announce he had been in a relationship with another man, not a huge surprise given that there had been rumors about his sexual orientation all along. walker doesn't believe his homosexuality was relevant to his job as judge and hasn't said if he intends to marry another man. reporting live in san francisco, bob redell, "today in the bay." >> 6:37 now. the forecast, temperatures creeping up. >> it's getting hot in here. good morning to you. we've got clouds but they are thinning out quickly and we love mornings like this because you get a crystal clear view of the bay bridge, the golden gate and you are reminded why you live in san francisco. you get to see that today, tomorrow we're going to start

out clearer about thought marine layer it's going away quickly and it did not make its way to the east bay so this morning, you are starting out clear t sun is out. and we are on our way to the low 80s inland today. more like the 70s along the peninsula and then tomorrow, yeah, the 90s on the map. 54 degrees in sunnyvale. you're still at 52 in santa rosa. really mild start. you might not need the jacket. peeling off the layer by noon as temperatures are expected in the low 70s in san jose. this is where our highs were last week. so, we're going to climb into the 80s. already noticing summer like weather. the ridge of high pressure setting up in the pacific. we could see some very warm weeks ahead. really nothing to report in terms of possible rain chances. as we head through the next 15 days. 80 in san jose, 82 in gilroy, 82 in livermore and the sheet on tomorrow and wednesday. warm weather, we're going to warm up to the upper 50s for our low. so it's starting to feel summer like.

make sure if you work outside, you drink lots of water, bring the sun screen with you. our uv index is up there. let's check your drive now. see if your speeds are up there with monique. >> good morning. let's say this morning' es commute is feeling monday like. here is the approach to the bay bridge. traffic is moving at top speeds. we have several incidents to tell you about this morning. let's get right to it. two problems in oakland westbound 580 at 98. accident blocking the number 4 lane. crews are working to clear that. the problem south bound 880, oakland and high street on ramp clearing up a spill there. dealing with this problem westbound 580 at 680, accident on the right-hand shoulder. look at your drive, about a 27-minute ride from the altamont pass to 680. a new accident just popped up northbound 101 at third, an accident blocking the number 3 lane.

live to the bay bridge to see traffic is stacking up, metering lights are on. give yourself time and patience. >> always a good idea. 6:39. coming up on "today in the bay" cal baseball on the chopping block but now they are in the hunt for the national title. and troubled congressman anthony weiner won't be on the house floor. will he ever be back? a live report from washington is next. taking a live golden g golden gate bridge. looks like they cleaned off the lens. not that long ago, many families were priced out of an overheated housing market. but the times have changed. get the facts at remax.com. it's a great place to see all the listings in thousands of cities and towns. with lots of houses to chose from

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>> welcome back everyone. a good monday morning to you. new photos and new revelations are out about congressman anthony weiner. tracie potts is live in washington. she joins us with the details. good morning. >> reporter: laura, good morning. there were reports from an aide who said they were surprised that these photos took two weeks to come out that they didn't come out earlier. now posted on tmz.com, additional photos that congress weiner reportedly e-mailed to at least one woman of himself clothed and unclothed, apparently in the house gym which will raise more questions about whether or not he was using taxpayer resources as part of the scandal that he's now really trying to distance himself from. he announced over the weekend that he's going to take a leave of absence from congress to get professional help, to get his

life back in order, waiting until his wife gets back in town on wednesday to make any decisions about his career. some aides reported that he is considering resigning which colleagues have urged, both democrats and republicans over the weekend we saw steny hoyer, the number two on the democratic side here saying he needs to resign. paul ryan, the budget chair saying this is, this was his quote, a ridiculous distraction from the things that we've got to get done here. new yorkers are backing him, playly in queens in his district over 50% support, one that we heard from said that when you get a good congressman like anthony weiner you need to stick behind him. so, lots of support at home. not so much on the hill. >> no kidding. keeps coming out on him. can't believe. thank you. >> new photos of congresswoman gabrielle giffords slows her looking in good condition six months after she was shot in the head. the photos were posted on her facebook page. both images show her smiling and

appearing happy along side her mother. while the pictures look promising, aides say she still has a long road to recovery. she has a hard time speaking and communicating. >> it's a very slow process. she suffered an injury that unfortunately leaves 95% of those inflicted with it dead. the fact that she is still recovering at the pace she is is really hopeful. >> giffords was shot multiple times while making a public appearance at an arizona parking lot. six people were killed, 13 injured. a judge recently ruled the shooter was mentally incompetent to stand trial. >> 6:45 now. seven republican candidates will face off tonight in the first gop debate for the party's nomination for president. former massachusetts governor mitt romney and minnesota congresswoman michele bachmann headline tonight's event. former house speaker newt gingrich will also attend. he is looking to jump start his campaign after a majority of his

advisers left his camp, over a dozen. romney is currently the front-runner to be the party's choice for president. >> huge turnout is expected in the east bay tonight to put out a potentially stinky and costly situation underground. the city of san leandro says it doesn't have to maintain miles of sewer lines under homes. the city argues they are only legally responsible for paying for the main line and providing a point of connection. not all of the privately owned connecting lines. so homeowners may be forced to shell out several thousand dollars to pay and reconnect the lines. >> the next few games are important for the giants. they are playing in arizona. diamondbacks a game behind the giants in the standings. tonight's game starts at 6:40. giants took on the reds. aubrey huff, he hit a double and knocked in two runs.

brian wilson picked up another save. the giants won it, 4-2. >> despite a change in management, the a's are still looking for a way to get back on track. after winning a game for the new manager, fell back in the losing ways. they lost two in a row over the weekend. they get a day off to recoup but they are back home tomorrow to host the royals. >> cal's baseball team certainly showing the university why talks about cutting the baseball program were a bad idea. the bears beat dallas baptist to earn their first college world series berth in 19 years. they have a little time to let it sink in. cal doesn't have to be at opening ceremonies until friday. the schedule is not out yet. the earliest the bears can play is saturday. but you know, good for them. big reason to celebrate. >> baseball weather, certainly upon us. whether we like it or not. >> it's the time where you want to drink lots of water.

water, when you go to the games. high pressure warming us up in the 90s this week as of tomorrow as a matter of fact this warming trend is coming on quickly. right now you can see this area of clearing and the storm track taken into the pacific northwest, as we head through wednesday we're going to see the storm track well into canada. big ridge of high pressure slated to move over us. as we head through the next 48 hours, for us what that means is very, very little cloud cover, each and every afternoon. mostly sunny conditions inland, low 90, coast mid 70s. we are expecting our air quality to take a hit. because of the high pressure building and that's what typically happens. it compresses everything including the particulate matter. we'll watch your air quality as we head throughout the next weeks and when summer starts june 21st is the first official day. 56 degrees in hayward, 54 in sunnyvale, headed to the 70s and the 80s today. 81 the forecast high in concord. today, tomorrow, i'm putting in 90 in place of that 80-degree

temperature. make sure you're ready for it especially if you work outside or you have plans to be outside. speaking of which, if you're a golfer time to make tee times early, early, it's warming up. we've got a golf tournament happy to be a proud sponsor of today. benefiting the catholic charities. they are auctioning me off to play one hole, laura. but that's not really a gift. that's more of a long, long -- >> how many mum i begans do you zbhet. >> i hope it's not a par 5 or we'll be out there all day long. 85 degrees on tuesday. up to 90 on wednesday. and take a look. we've got father's day sunday when temperatures are going to come down. mother nature doing it for the dads out there. >> mine is coming to town. i'm excited. thank you. 6:49. >> east bay native gets an nba championship. he might not get the championship ring. we'll tell you why. >> the morning bell has rung on the new york stock exchange.

we'll look at stocks and the fake barack obama coming up in tech today. >> a new accident to tell you about on the bay bridge. right past the metering lights. that and a full look at the commute coming up. >> why not be our friend. join us on our facebook page. nbc bay area morning news, for all of the latest news, traffic and weather updates. plus, some fun conversation. ♪ [ male announcer ] who's your car's best friend? gasoline that cleans.

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>> welcome back everyone. a good monday morning to you. look at the clouds kind of shrouded over san francisco this morning. hopefully we're going to see those burn off, make way for a very nice day. let's check the morning commute.

help you get out the door. >> good morning. well, it's a busy monday morning. let's head out to the maps, a new accident westbound on the bay bridge reported between the metering lights and the toll plaza there. looks like the backup is to the 880 overcrossing. crews working quickly to clear that up. good news, though, we have the accident on westbound 580 at 680 in the clearing stages but the damage is done. give yourself a 29 minutes to make the stretch from the altamont pass to 680. in oakland the problem at westbound 580 at 9 sate cleared. still working on cleaning up the problem, though, southbound 880 at high street, that on ramp, the spill they are clearing up. end with a live look at the toll plaza. like i said backed up to the 880. about 10 minutes to make your way through the tolls. that's a final check of traffic. >> as you know a lot of people take mass transit. starting today trying to add relief to one of the busiest

rail lines. more than 40,000 riders take the line on a daily basis. this is nearly 30 periods of all of muni's rail customers. so buses between the financial district and ocean beach will be used to reduce crowding. jason kidd finally has his nba title. >> the dallas mavericks are nba champions. the first title in franchise history. >> mavericks star dirk -- left the court as soon as the final buzzer sounded. he had tears in his eye. for jason kidd he stayed to celebrate. it took kidd 17 years to get that title. he says it was well worth it. >> this is a dream come true. you know, it's not real right now because of just the battles against the heat and understanding the journey, it's been a long journey for 17 years and i'm happy to be at the right place at the right time.

>> now a lot of the focus for the finals is not on the mavericks but on lebron james. >> we lost to the spurs, when i was in cleveland it's a failure now for myself, losing to the mavericks. so, absolutely. >> you may remember james left the cleveland cavaliers for miami last summer believing it was his best shot at a title. a lot of folks not happy about that, but you know, he congratulated the team. now the beginning of the story we didn't say that jason kidd is going to get a ring because the owner mark cuban said rings are outdone and i guess he has other plans for the team. interesting to see what he comes up with. of course he is pretty big name out there in sports as well. >> the guys behind the long running cartoon south park, we're switching gears talking

about the tony awards, it happened over the weekend. they took home nine awards including best musical for the show "the book of mormon." the show is a comical look at two missionaries sent to africa. >> and bono was at the tonys the talk about the spider man musical. it's really been a rough launch. it's the most expensive broadway show and marred by injuries to actors and it really hasn't been officially opened yet. it does open tomorrow. bono joked that east bay dooms day predictor confirmed the start date. bono and u2 were just here to play a concert in oakland last week. nice weather for that concert. nice weather for today. i want to check the forecast with christina. but the markets now have been open for almost a half hour. check the numbers now with scott. >> good morning.

ek spkt 90s by wednesday. the markets dow industrials up 52 points, nasdaq up 12 as boynego wireless out of los angeles. take a look at this if you would. this is on fox business channel. who is that? is that barack obama? no, that is not. fox news channel with an impersonator. this going all over twitter and face book as they say, what in the world is this? although they use a slightly naughtier term when they ask. this happened on thursday but nobody noticed till now because nobody watches fox business channel. >> interesting. you can tell right away that's not him. >> you really can. it really was gary johnson, the former new mexico governor. >> okay. hey, welcome back from vacation. >> thank you. it's great. >> you had a nice time? >> a great time. with the boys, it was great. >> good guys trip. good to have you back.

6:57. thanks for joining us this morning. the "today" show is up next. i'll have a local update in about a half hour and every half hour after that. ♪

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